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The defendant shall be innocent.
Reasons
1. From October 2008, the Defendant, from around October 2008, operated a “C cafeteria” (hereinafter “instant cafeteria”).
A. On November 4, 2008, the Defendant made a false statement to the victim D, who had worked as the manager of the above restaurant, stating that “A victim D, who has lent KRW 32 million with the operating fund of the restaurant, shall be paid with approximately KRW 200,000 per month ( KRW 2 million).”
In fact, on October 19, 2007, the Defendant had already been declared bankrupt at the Seoul Central District Court, and the above restaurant was closed in around October 2008, and the rent for the restaurant building was not fully paid even after the opening of the restaurant. The Defendant did not have any ability or intent to complete payment even if he/she borrowed money from the injured party at any time during his/her stay in Korea without being issued a visa, such as the risk of being subject to the measure of departure at any time during his/her stay in Korea.
Nevertheless, the defendant deceivings the victim and transferred 26.3 million won to the national bank account (F) in the name of E on November 4, 2008 from the victim, and acquired 32 million won in total after receiving 5.7 million won on December 12, 2008 from the victim.
B. On November 20, 2008, the Defendant must prove the balance of the passbook in the name of the victim for a visa issuance.
The term “a certificate of balance of the head of the Tong and to complete payment shall be proved by the balance of the head of the Tong from the month after the loan of the money required by 2 million UN (A. 20 million won).”
In fact, the Defendant had already been declared bankrupt at the Seoul Central District Court on October 19, 2007, and had no specific property, and it was impossible to open an account under the name of the Defendant in Japan as an illegal sojourn provider since he had continued to reside in Japan without being issued a visa, and even if he/she borrowed money from the injured party at any time, such as having the risk of taking measures for departure, he/she has the ability or intent to complete payment.